The final rule requiring federal contractors to use E-Verify was submitted to the OIRA (Office of Information and Regulatory Affairs) yesterday for clearance. There is no word yet on whether any changes have been made since it was first proposed in June 2008. There were a lot of contentious issues raised in the rule, not least of which was that it seeks to apply E-Verify to existing employees.
By executive order, the OIRA is given 90 days to review a rule for clearance. This timeline can, however, be extended by the head of the rulemaking agency and the OMB (Office of Management and Budget) Director. Once the rule has been cleared, it will be published in the Federal Register.
Until that time arrives, the E-Verify programs remains voluntary for Federal Contractors, and in all situations, it can only be used for new (not existing) hires.
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